Intentional Torts

Intentional torts are intentional actions that result in harm to the
plaintiff. The harm need not be intended, but the act must be intentional, not
merely careless or reckless. Most intentional torts are also crimes. The
classic intentional tort in medical practice is forcing unwanted medical care
on a patient. The care may benefit the patient, but if it was refused and the
physician has no state mandate to force care on the patient, the patient may
sue for the intentional tort of battery. (See Chapter 11.)

The most common intentional tort is battery. The legal standard for a battery
is "an intentional, unconsented touching." (Batteries such as shootings,
stabbings, and beatings are also criminal law violations.) Although battery is
commonly linked with assault, an assault is the act of putting a person in fear
of bodily harm. Battery occurs only if there is an actual physical contact. The
law of battery has been tailored to the problems of living in a crowded
society. Not every unconsented touching is a battery--only those that are
intended. Even among intentional unconsented touchings, the courts will allow
recovery only for those that manifest some malign intent. Thus, neither bumping
into a person on a bus nor grabbing a person to prevent him or her from falling
is a battery. In contrast, an unwanted kiss is a battery, though it does not
cause any physical injury.

Most battery claims against health care providers are based on real attacks,
not technical violations of informed consent rules. One case involved a patient
who became pregnant while having an affair with her physician.[9] When she allowed the physician to examine her to confirm
the pregnancy, he repeatedly forced a metal instrument into her uterus,
triggering a miscarriage. The court found this constituted a battery, allowing
the patient to claim for wrongful abortion.